TIM Tools (Technology Integration Matrix Evaluation Tools)

TERMS AND CONDITIONS

By using the Technology Integration Matrix Evaluation Tools (“TIM Tools”), you are agreeing to these terms. Please read them carefully. Subject to these terms and law, you are granted a revocable, non-exclusive license.

1. Your license

a. Once paid in full, the school/district (hereinafter referred to as “you” or “your”) is granted a license to use the TIM Tools product.

b. The license is non-exclusive. This means that there are other districts also licensing the use of TIM Tools. You are not the sole licensee.

c. The license is non-sublicensable. This means that you aren’t allowed to resell or allow others to use your license. You may not copy, stream, disable, destroy, or modify or attempt to copy, stream, disable, destroy or modify TIM Tools or use TIM Tools to construct any type of database. You may not attempt to reverse engineer TIM Tools.

d. Your license expires one year after the date of purchase. At any time, you are welcome to download a copy of all data you have collected using the TIM Tools.

e. Your license is meant to be used only by employees of the school or district purchasing the license. You must not enable or allow others to use TIM Tools using your account information.

f. Your license does not permit you to access or attempt to access TIM Tools by any other means other than the interface provided.

g. The University of South Florida Board of Trustees (hereinafter referred to as “USF”) remains the sole owner of all right, title, and interest in TIM Tools. USF reserves all rights not granted under these terms.

2. Your data

a. You retain all rights and ownership of your content. All data uploaded and collected in your TIM Tools account belongs to you, the Licensee. You have complete access to download all data from your account at any time during your license period. You are not permitted to access data from any other account or circumvent any access restrictions put into place to prevent certain access or use of TIM Tools. After the conclusion of your license period, if you decide not to renew your license your data will be deleted.

b. By uploading content to your TIM Tools account or publishing content, including designs or logos, you warrant and represent that you have the necessary permissions to legally use, display, share, and transfer that content. You further represent and warrant that no part of the content: i) violates or infringes any common law or statutory rights of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; ii) is the subject of any notice of infringement you have received, or iii) is subject to any restriction or right of any kind which would prevent USF from legally reproducing the content on TIM Tools. USF reserves the right to review content for the purposes of determining whether the content is illegal or violates its policies. USF may remove any content or information that it reasonably believes violates USF policy, these Terms and Conditions, or the law. Repeated misconduct may result in suspension of your TIM Tools account.

c. Each TIM Tools account is hosted in its own unique sub-domain. Within that sub-domain, the TIM Tools application uses its own configuration files, scripts and database. Data is never shared between accounts. Data for each account is maintained and backed-up separately.

d. Identified Data is data submitted by the Licensee which uniquely identifies the Licensee or its employees, e.g., names, emails, or other personal identifiers. De‐Identified Data is data submitted by the Licensee which has Identified Data removed or generalized. USF will not share your Identified Data unless you have given USF written permission. USF will view your Identified Data for the purposes of De‐Identifying data and so that USF may assist you with TIM Tools management or analysis issues.

e. USF will never share Identified Data with outside parties or use Identified Data for research purposes unless you have given USF specific, written permission to do so.

f. Notwithstanding the above restrictions on USF’s access to your data contents, Licensee hereby grants to the USF a non-exclusive, royalty‐free, irrevocable license to utilize De-­Identified Data for any purpose, including research, analysis, and tracking generalized usage statistics, e.g., the number of teachers registered, the number of surveys completed, the number of observations conducted, or the number of action research projects initiated.

g. To the extent permitted by law, you agree to indemnify the USF, and its officers, agents and employees, including Florida Center for Instruction Technology and the University of South Florida Research Foundation, Inc., (hereinafter referred to as “USFRF”) from any claim, demand, loss or damages, including reasonable attorney’s fees arising out of or related to your data, your use of TIM Tools, or your violation of these terms. You agree to be solely responsible for any damage to your computer systems or loss of data that results from the use and access of TIM Tools.

-FOR PUBLIC FLORIDA K-12 SCHOOLS ONLY-

h. Florida public primary and secondary schools or districts administered by the Florida Department of Education grant USF permission to share their De-­Identified data with the Florida Department of Education.

3. USFRF, a nonstock, not for profit Florida corporation, organized under Chapter 617 Florida Statutes, and a direct support organization of USF pursuant to § 1004.28 Florida Statutes, acts for and in support of USF and is the legal entity entering the Agreement.

4. Cancellation/Suspension. Either party may cancel this Agreement at any time by giving the other party ninety (90) days advance written notice, by certified mail, return receipt requested. The liability of the parties under this Agreement for further performance of the terms and conditions shall then cease, but the parties shall not be relieved of the duty to perform their obligations up to and including the date of termination. To the extent permissible under applicable law, USF reserves the right to temporarily suspend your license at any time.

5. Force Majeure. No default, delay or failure to perform on the part of either party shall be considered a default, delay or failure to perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to causes beyond either party’s reasonable control including, but not limited to, strikes, lockouts or inactions of governmental authorities; epidemics; acts of terrorism; war; weather; embargoes; fire; earthquake; acts of God; or default of common carrier. In the event of such default, delay or failure to perform, any date or times by which either party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time lost by reason of the excused default, delay or failure to perform.

6. Relationship of Parties. You understand and agree that nothing herein contained is intended, or should be construed, as creating or establishing the relationship of partners between the parties hereto, or as constituting you, the Licensee, as the agent or representative of USF or USFRF to any contracts or other obligations. You shall not expressly or impliedly represent to any party that you and USF or USFRF are partners or that you are the agent or representative of USF or USFRF for any purpose or in any manner whatsoever. All USF and USFRF trademarks, service marks, trade names, logos, domain names, and any other feature of the USF brand (“USF Brand Features”) are the sole property of USF. This agreement does not grant you any rights to use any USF Brand Features whether for commercial or non-commercial use.

7. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, USF AND USFRF MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.